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can a lien be filed if someone is making payments in an effort to pay of the debt?

ArkansasMechanics LienRight to Lien

My company did not receive an invoice on this job till the invoice was 55 days past due. I have made several large payments in effort to pay this debt.

1 reply

Apr 13, 2020
Yes, a mechanics lien can be filed on unpaid amounts even the customer is making efforts to try and pay off the debt. The deadline for filing a mechanics lien is strict, and once the deadline passes that option is gone for good - so it's common for a lien claimant to have their hand forced even if they think they'll be able to set things out with a payment plan. However, it's absolutely possible to come up with a different form of payment security so that a lien doesn't have to be filed - like a promissory note or a personal guarantee. Levelset discusses that in detail here: Don’t Want to File a Mechanics Lien? Here Are 5 Other Options.
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